Family disputes are among the most stressful situations anyone can face, and the prospect of going to court can feel daunting, especially without a solicitor. Many people now handle parts of their family matter themselves, sometimes with focused help from a barrister. Through Direct Access, also known as Public Access, you can instruct a barrister directly, without going through a solicitor first.
This article explains, in general terms, what to expect from the Family Court in England and Wales, and how a Direct Access barrister can support you along the way. It is general information and not advice about your particular case.
What the Family Court deals with
In England and Wales, family matters are dealt with in the Family Court. Broadly, these fall into two main areas.
The first concerns children, for example arrangements for where a child lives and how they spend time with each parent. The second concerns finances, such as how money and property are divided when a couple divorces or a civil partnership ends. Both types of matter follow their own procedures, though there is overlap in how the court approaches them.
In children matters, the court’s central concern is the welfare of the child. In financial matters, the court looks at the circumstances of both parties and aims for a fair outcome. Understanding which area your matter falls into helps you prepare for the steps ahead.
Representing yourself
You are entitled to represent yourself in the Family Court. Someone who does so is often called a litigant in person. The court is used to dealing with people who do not have a lawyer, and judges will generally try to make sure you understand what is happening.
That said, representing yourself takes work. You will usually need to complete forms, prepare documents, meet deadlines, and explain your position clearly to the court. It can be emotionally difficult to argue your own case, particularly where children or a former partner are involved.
This is where focused help can be valuable. You do not have to choose between doing everything alone and handing the whole matter to someone else. With Direct Access you can instruct a barrister for specific parts of your case while handling other steps yourself.
What hearings are like
Most family matters involve one or more hearings. Rather than a single dramatic trial, a case often moves through stages, with the court giving directions about what should happen next and encouraging the parties to reach agreement where possible.
Hearings are generally less formal than people expect from television. They often take place in a hearing room rather than a large courtroom, and the judge will usually be addressed politely but without elaborate ceremony. You may be asked questions, and you will have the chance to put your points across.
What to expect can include:
- An early hearing where the court identifies the issues and sets a timetable.
- Opportunities to reach agreement, sometimes with help from the court.
- Filing statements and documents by set deadlines.
- A final hearing if matters cannot be agreed, where the court makes a decision.
Preparation matters at every stage. Knowing what a particular hearing is for, and what the court will expect from you, makes the experience far less overwhelming.
How a Direct Access barrister can help
Family barristers spend their time on exactly these kinds of cases, so they understand the procedure and how courts tend to approach common issues. Instructing one directly lets you draw on that expertise for the parts of your matter where it counts most.
A barrister might, for example, advise you on the strength of your position, help you prepare a statement, draft documents for the court, or represent you at a hearing. Some people instruct a barrister for a single important hearing while managing routine steps themselves. Others seek advice at the outset so they understand their options before deciding how to proceed.
Barristers offering this service have completed the Bar Standards Board’s approved public access training, and all barristers are regulated by the Bar Standards Board (BSB). Good representation can help you present your case clearly and make sure the court hears the points that matter.
Preparing for your case
Whatever level of help you choose, preparation makes a real difference. Keep your documents organised, note key dates, and be clear about what outcome you are seeking. If you instruct a barrister, gather the relevant papers and set out the background so they can advise you efficiently.
Try also to look after yourself. Family proceedings can take time and feel exhausting. Knowing what each step involves, and having the right support at the right moments, helps you stay focused on what is best for you and any children involved.
Going to the Family Court without a solicitor is more common than many people realise, and it is entirely possible to do so with the right preparation. Direct Access gives you the option of expert help precisely where you need it, whether that is early advice, help with documents, or representation at a hearing. This article is general information, and you should seek advice tailored to your own circumstances before making decisions about your case.
This article is general information about the law in England and Wales, not legal advice on your individual circumstances. For advice on your matter, instruct a barrister. Barristers are regulated by the Bar Standards Board (BSB).